Cases - Specialist Ceiling Services Northern Ltd v ZVI Construction (UK) Ltd

Record details

Name

Specialist Ceiling Services Northern Ltd v ZVI Construction (UK) Ltd

Date

(2004)

Citation

TCC 20 February 2004

Keywords

Construction contracts - adjudication - adjudicator - bias - natural justice - without prejudice material - enforcement - summary judgment - whether an adjudicator who was shown without prejudice material was biased - whether the adjudication award should be enforced

Summary

SCS were a subcontractor to ZVI seeking to enforce the decision of an adjudicator by summary judgment.

ZVI were resisting the application for summary judgment on the basis that the adjudicator was shown without prejudice material by SCS's representatives.

The judge concluded, following a review of the response by the adjudicator to the disclosure of without prejudice material, that there was no objective indication of bias or unfairness in this adjudication. The judge concluded that as a result, there was no basis on which to challenge the claim that it should be enforced by judgment.